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(영문) 대구지방법원 포항지원 2016.05.26 2016고단173
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2006, the Defendant received and used agricultural credit cards (NH AC Card B) from the branch of a person who was a cooperative in the marine industry of the victim.

On October 20, 2014, the Defendant did not have any intent or ability to repay the debt to KRW 350,00,000,000 at the time, and there was no certain revenue, and there was an economic difficulty due to the failure to prepare operating expenses for C, which was operated, and thus, there was no economic difficulty.

However, the defendant, who was aware of the fact, had D, an employee of the certified judicial scrivener office who was in common knowledge, use credit cards to pay the real estate acquisition tax, etc. of customers, and received payment from D in cash and received payment from D to use it as Defendant’s living cost and company operating expenses.

On October 20, 2014, the Defendant had D pay 2,090,000 won of real estate acquisition tax by credit card from the racing viewing in the amount of 260 on the same day by allowing D to use credit card to pay real estate acquisition tax by customers and to change cash corresponding thereto, and allowing D to know of the fact that the Defendant had no intent to pay the card price or ability to pay it. The Defendant approved the above transaction and paid 2,090,000 won for the racing viewing.

From that time to November 3, 2014, the Defendant had the victim pay the total amount of KRW 24,362,090 to the franchise store by means of such method nine times as indicated in the list of offenses in the attached Table, and did not repay KRW 21,925,881, and acquired property benefits equivalent to KRW 21,925,881.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D statements concerning the suspect interrogation protocol of the police second time against the defendant

1. The statement of the police with regard to G.

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